Parker v. Spear

— Under the old Code an attorney was regarded as the equitable assignee of the judgment to the extent of his claim for services. The payment thereof he had a right to enforce by execution, if he had a lien (Haight agt. Holcomb, 16 How., 160). If the judgment were for costs, that carried notice of itself on the attorney’s lien, and payment to the party was wrongful (McGregor agt. Comstock, 28 N. Y., 237 ; Marshall agt. Meech, 51 N. Y., 140).

Even where a judgment had not been obtained, a settlejment between the parties without notice was not permitted to deprive the attorney of his right to…